MUST READ JUDGMENT i. No negative declaration can be sought under section 42 of the Specific Relief Act with regard to the paternity of an individual.

Case Laws February 05, 2024

i. No negative declaration can be sought under section 42 of the Specific Relief Act with regard to the paternity of an individual. Law only vests a right in an individual to seek a positive declaration regarding his/her paternity.

ii. In view of Article 128 of the 1984 Order, even a father cannot deny being the parent of a child beyond the period prescribed in the said provision of law. No third party, including a putative brother or sister or a family member or a relative, has locus standi to challenge the paternity of an individual as no evidence can be accepted to negate the statutory declaration made by Article 128 of the 1984 Order.

iii. The prohibition against bringing a challenge against the paternity of an individual is designed to protect the right of such individual to dignity and privacy guaranteed by Article 14 of the Constitution, as well as the collective interest of the society in protecting the rights and interests of women and children, including the privacy, identity, and reputation of children from being besmirched from allegations of illegitimacy.